STATE
AMENDMENT
Bihar:
For Section 6-C of the 1955 Act substitute: -
“6-C.
Appeal. – (1) Any person aggrieved by an order of
confiscation under Section 6-A may within one month from
the date of the communication to him of such order appeal
to the State Government concerned and the State Government
shall after giving an opportunity to the appellant to be
heard pass such order as it may think fit confirming
modifying or annulling the order appealed against.
(2) Where
an order under Section 6-A is modified or annulled by the
State Government or where in a prosecution instituted for
the contravention of the order in respect of which an
order of confiscation has been under Section 6-A the
person concerned is acquitted and in either case it is not
possible for any reason to return the essential
commodities seized such person shall except as provided by
sub-section
(3) of Section 6-A be paid the price with reasonable
interest calculated from the day of the seizure of the
essential commodity and such price shall be determined –
(i)in the
case of foodgrains edible oilseeds or edible oils in
accordance with the provisions of sub-section (3-B) of Section 3;
(ii) in
the case of sugar in accordance with the provisions of
sub-section (3-C) of Section 3; and
(iii)
in the case of any other essential commodity in
accordance with the provisions of sub-section (3) of
Section 3.
Maharashtra:
In Section 6-C of the 1955 Act in sub-section (3)
for the words “such person shall be paid” the words
brackets figures and letter “ such person shall except
as provided by sub-section (3) of Section 6-A be paid
“shall be substituted.
Uttar
Pradesh :In Section 6-C of the 1955 Act in
sub-section (3) for the words “such person shall be
paid” the words brackets figures and letter “ such
person shall except as provided by sub-section (3) of
Section 6-A be paid “shall be substituted.
6-D.
Award of confiscation not to interfere with other
punishments – The award of any confiscation under
this Act by the Collector shall not prevent the infliction
of any punishment to which the person affected thereby is
liable under this Act.
6-E.
Bar of jurisdiction in certain cases. – Whenever any
essential commodity is seized in pursuance of an order
made under Section 3 in relation thereto or any package,
covering or receptacle in which such essential commodity
is found or any animal, vehicle, vessel or other
conveyance used in carrying such essential commodity is
seized pending confiscation under Section 6-A the
Collector or as the case may be the State Government
concerned under Section 6-C shall have and notwithstanding
anything to the contrary contained in any other law for
the time being in force any court, tribunal or other
authority shall not have jurisdiction to make orders with
regard to the possession, delivery, disposal, release or
distribution of such essential commodity, package,
covering, receptacle, animal, vehicle, vessel or other
conveyance.
7.
Penalties. – (1) If any person contravenes any
orders made under Section 3, -
(a)he
shall be punishable –
(i)
in the case of an order made with reference to
Clause (h) or Clause (I) of sub-section (2) of that
section with imprisonment for a term which may extend to
one year and shall also be liable to fine and
(ii)
in the case of any other order with imprisonment
for a term which shall not be less than three months but
which may extend to seven years and shall also be liable
to fine:
Provided
that the Court may for any adequate and special reasons to
be mentioned in the judgment impose a sentence of
imprisonment for a term of less than three months;
(b)
any property in respect of which the order has been
contravened shall be forfeited to the Government;
(c)
any package, covering or receptacle in which the
property is found and any animal, vehicle, vessel or other
conveyance used in carrying the property shall if the
court orders be forfeited to the Government.
(2)
If any person to whom a direction is given under clause
(b) of sub-section (4) of Section 3 fails to comply with
the direction he shall be punishable with imprisonment for
a term which shall not be less than three months but which
may extend to seven years and shall also be liable to
fine:
Provided
that the Court may for any adequate and special reasons to
be mentioned in the judgment impose a sentence of
imprisonment for a term of less than three months;
(2-A)
If any person convicted of an offence under sub-clause
(ii) of clause (a) of sub-section (1) or under sub-section
(2) is again convicted of an offence under the same
provision he shall be punishable with imprisonment for the
second and for every subsequent offence for a term which
shall not be less than six months but which may extend to
seven years and shall also be liable to fine:
Provided
that the Court may for any adequate and special reasons to
be mentioned in the judgment impose a sentence of
imprisonment for a term of less than six months;
(2-B)
For the purpose of sub-sections (1) (2) and (2-A) the fact
that an offence under sub-clause (ii) of CI. (a) of
sub-section (2) has caused no substantial harm to the
general public or to any individual shall be an adequate
and special reason for awarding a sentence of imprisonment
for a term of less than three months or six months as the
case may be.
(3)
Where a person having been convicted of an offence under
sub-section (1) is again convicted of an essential
commodity the court by which such person is convicted
shall in addition to any penalty which may be imposed on
him business in that essential commodity for such period
not being less than six months as may be specified by
Court in the order.
STATE
AMENDMENT
Punjab:
The
following new section has been inserted after Section 7 as
Section 7-A: -
“7-A. Forfeiture of certain property used
in the commission of the offence. – Whenever any offence
relating to food stuffs which is punishable under Section
7 has been committed the Court shall direct that all the
package, covering or receptacles in which any property
liable to be forfeited under the said section is found and
all the said property shall be forfeited to the
Government.”
Rajasthan:The
following new section has been inserted after Section 7 as
Section 7-A: -
“7-A. Forfeiture of certain property used
in the commission of the offence. – Whenever any offence|
relating
to food stuffs which is punishable under Section 7 has
been committed the Court shall direct that all the
package, covering or receptacles in which any property
liable to be forfeited under the said section is found and
all the said property shall be forfeited to the
Government.”
Provided
that if the Court is of opinion that it is not necessary
to direct forfeiture in respect of all such packages,
coverings or receptacles or such animals, vehicles,
vessels or other conveyances or any of them it may for
reasons to be recorded refrain from doing so”
Uttar
Pradesh:In
Section 7 of the 1955 Act in sub-section (1) in CI. (a)
–
(i)in
sub-clause (ii) for words “for a term which may extend
top five years and shall also be liable to
fine” the words “for a term which in the case
of an offence shall not be less than six months but which
may extend to seven years and shall also be liable to fine
which in the case of an offence of smuggling shall not be
less than double the value of article smuggled or
attempted to be smuggled” shall be substituted;
(ii)
the proviso there shall be omitted;
(iii)
at the end the following explanation shall be
inserted namely
Explanation.
– In this clause the expression offence of smuggling
with its grammatical variations means any offence
consisting of contravention of any restriction on the
movement of an essential commodity contained in an order
made under Section 3 with reference to CI. (d) of
sub-section (2) of that section.
7-A.
Power of central Government to recover certain amounts as
arrears of land revenue. – (1) Where liable to
–
(a)
pay any amount in pursuance of any order made under
Section 3 or
(b)
deposit any amount to the credit of any Account or
Fund constituted by or in pursuance of any order made
under that section,makes
any default in paying or depositing the whole or any part
of such amount the amount in respect of which such default
has been made shall whether such order was made before or
after the commencement of the Essential Commodities
(Amendment) Act 1984 (34 of 1984) and whether the
liability of such person to pay or deposit such amount
arose before or after such commencement be recoverable by
Government together with simple interest due thereon
computed at the rate of fifteen per cent per annum from
the date of such default to the date of recovery of such
amount as an arrear of land revenue or as a public demand.
(2)
The amount recovered under sub-section (1) shall be dealt
with in accordance with order under which the liability to
pay or deposit such amount arose.
(3)
Notwithstanding anything contained in any other law for
the time being in force or any contract to the contrary no
court tribunal or other authority shall grant any
injunction or make any order prohibiting or restraining
any Government from recovering any amount as an arrear of
land revenue or as a public demand in pursuance of the
provisions of sub-section (1).
(4)
If any order in pursuance of which any amount has been
recovered by Government as an arrear of land revenue or as
a public demand under sub-section (1) is declared by a
competent court after giving to the Government a
reasonable opportunity of being heard to be invalid the
Government shall refund the amount so recovered by it to
the person from whom it was recovered together with simple
interest due thereon computed at the rate of fifteen per
cent per annum from the date of recovery of such amount to
the date on which such refund is made.
Explanation.
– For the purpose of this section ‘Government’ means
the Government by which the concerned order under Section
3 was made or where such order was made by an officer or
authority subordinate to any Government that Government.
8. Attempts and abetment. - Any person who attempts to contravene or abets a contravention
of any order made under Section 3 shall be deemed to have
contravention that order:
Provided
that where a person has abetted the contravention of any
order for the purpose of procuring any essential commodity
of the nature mentioned in sub-clause (iv-a) or sub-clause
(v) of clause (a) of Section 2 for his own use or for the
use of any member of his family or for the use of any
person dependent on him and not for the purpose of
carrying on any business or trade in such essential
commodity the court may notwithstanding anything contained
in Section 7 and for reasons to be mentioned in the
judgment impose a sentence of fine only.
9.
False statements. – If
any person –
(i) when required by any order made under
Section 3 to make any statement or furnish any information
makes any statement or furnishes any information which is
false in any material particular and which he knows or has
reasonable cause to believe to be false or does not
believe to be true or
(ii) makes any such statement as aforesaid in
any book account record declaration return or other
document which he is required by any such order to
maintain or furnish,
he
shall be punishable with imprisonment for a term which may
extend to five years or with fine or with both.
10. Offences by companies. – (1) If the person contravening an
order made under Section 3 is a company every person who
at the time the contravention was committed was in charge
of and was responsible to the company for the conduct of
the business of the company as well as the company shall
be liable to be proceeded against and punished
accordingly:
Provided
that nothing contained in this sub-section shall render
any such person liable to any punishment if he prove that
the contravention took place without his knowledge or that
he exercised all due diligence to prevent such
contravention.
(2)
Notwithstanding anything contained in sub-section (1)
where an offence under this Act has been committed with
the consent or connivance of or is attributable to any
neglect on the part of any director, manager, secretary or
other officer of the company such director, manager,
secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation.
– For the purpose of this Section –
(a)
“company” means any body corporate and includes a firm
or other association of individuals, and
(b)
“director” in relation to a firm means a
partner in the firm.
10-A. Offences to be cognizable and non-bailable. – Notwithstanding
anything contained in the Code of Criminal Procedure 1973
(2 of 1974) every offence punishable under this Act shall
be cognizable and non-bailable.
Uttar
Pradesh:
In Section 10-A
of the 1955 Act for the word “bailable” the word
“non bailable” shall be substituted:
10-AA. Power to arrest. – Notwithstanding anything contained in
the Code of criminal Procedure 1973(2 of 1974) no officer
below the rank of an officer in charge of a police station
or any police authorized by him in this behalf in writing
shall arrest any person accused of committing an offence
punishable under this Act.
10-B.
Power of court to publish name place of business etc. of
companies convicted the Act.
– Where any company is convicted under this Act it shall
be competent for the court convicting the company to cause
the name and the place of business of the company nature
of the contravention the fact that the company has been
convicted and such other particulars as the court may
consider to be appropriate in the circumstance of the case
to be published at the expense of the company in such
newspapers or in such other manner as the court may
direct.
(2)
No publication under sub-section (1) shall be made until
the period for preferring an appeal against the orders of
the court has expired without any appeal having been
preferred or such an appeal having preferred has been
disposed of.
(3)
The expenses of any publication under sub-section (1)
shall be recoverable from the company as if were a fire
imposed by the court.
Explanation.
– For the purpose of this section “company” has the
meaning assigned to it in clause (a) of the Explanation to
Section 10.
10-C. Presumption of culpable mental state. – (1) In any
prosecution for any offence under this Act which requires
a culpable mental state on the part of the accused the
court shall presume the existence of such mental state but
it shall be a defence for the accused to prove the fact
that he had no such mental state with respect to the act
charged as an offence in that prosecution.
Explanation.
– In this section “culpable mental state” includes
intention motive knowledge of a fact and belief in or
reason to believe a fact.
(2)
For the purpose of this section a fact is said to be
proved only when the court believes it to exist beyond
reasonable doubt and not merely when its existence is
established by a preponderance of probability.
11. Cognizance of offences. – No court shall take cognizance of
any offence punishable under this Act except on a report
in writing of the facts constituting such offence made by
a person who is a public servant as define in Section 21
of the Indian Penal Code (45 of 1860) or any person
aggrieved or any recognized consumer association whether
such person is a member of that association or not.
Explanation.
– for the purpose of this section and Section 12- AA,
“recognised consumer association” means a voluntary
consumer association registered under the Companies Act
1956 (1 of 1956) or under any other law for the time being
in force.
STATE
AMENDMENT
Uttar
Pradesh:
In Section 11 of
the 1955 Act for the words “by person who is a public
servant as defined in Section 21 of the Indian Penal
Code” the words “by order of or under authority from
the District Magistrate of such other officer as may be
empowered by the state Government by general or special
order in this behalf shall be substituted.
12.
Special provisions regarding fine. – Notwithstanding
anything contained in Section 29 of the Code of Criminal
Procedure 1973 (2 of 1974) it shall be lawful for any
Metropolitan Magistrate or any Judicial Magistrate of the
first class specially empowered by the State Government in
this behalf to pass a sentence of the exceeding five
thousand rupees on any person convicted of contravening
any order made under Section 3.
12-A.
Constitution of Special Courts. – (1) The State
Government may for the purpose of providing speedy trial
of the offences under this Act by notification in the
official Gazette constitute as many Special Court as may
be necessary for such area or areas as may be specified in
the notification.
(2)
A Special Court shall consist of a single Judge who shall
be appointed by the High Court upon a request made by the
State Government.
Explanation.
– In this sub-section the word “appoint” shall have
the meaning given to it in the Explanation to Section 9 of
the Code.
(3)
A person shall not be qualified for appointment as a Judge
of a Special Court unless -
(a)
he is qualified for appointment as a Judge of a
High Court or
(b)
he has for a period of not less than one year been
a Sessions Judge or an Additional Sessions Judge.
12-AA.
Offences triable by Special Courts. – (1)
Notwithstanding any thing contained in the Code –
(a)
all offences under this Act shall be triable only
by the Special Court constituted for the area in which the
offence has been committed or where there are more Special
Courts than one for such area by such one of them as may
be specified in this behalf by the High Court;
(b)
where a person accused of or suspected of the
commission of an offence under this Act is forwarded to a
Magistrate under sub-section (2) or sub-section (2-A) of
Section 167 of the Code such Magistrate may authorise the
detention of such person in such custody as he thinks fit
for a period not exceeding fifteen days in the whole where
such Magistrate is a Judicial Magistrate and seven days in
the whole where such Magistrate is an Executive
Magistrate:
Provided
that where such Magistrate considers –
(i)
when such person is forwarded to him as aforesaid;
(ii) upon or at
any time before the expiry of the period of detention
authorised by him;
that
the detention of such person is unnecessary he may if he
is satisfied that the case falls under the proviso to
Section 8 order the release of such person on bail and if
he is not so satisfied he shall order such person to be
forwarded to the Special Court having jurisdiction;
(c)
the Special Court may subject to the provisions of
clause (b) of this sub-section exercise in relation to the
person forwarded to it under clause (b) the same power
which a Magistrate having jurisdiction to try a case may
exercise under Section 167 of the Code in relation to an
accused person in such case who has been forwarded to him
under that section;
(d)
save as aforesaid no person accused of or suspected of the
commission of an offence under this Act shall be released
on bail by any court other than a Special Court or High
Court:
Provided
that a Special Court shall not release any such person on
bail –
(i) without
giving the prosecution an opportunity to oppose the
application for such release unless the Special Court for
reasons to be recorded in writing is of opinion that it is
not practicable to give such opportunity; and
(ii) where the prosecution oppose the application if the Special Court is
satisfied that there appear
reasonable grounds for believing that he has been
guilty of the offence concerned:
Provided
further that the Special Court may direct any such person
may be released on bail if he is under the age of sixteen
years or is a women or is a sick on infirm person or if
the Special Court is satisfied that it is just and proper
so to do for any other special reason to be recorded in
writing;
(e)
a Special Court may upon a perusal of police report
of the facts constituting an offence under this Act or
upon a complaint made by authorised in this behalf by the
Government concerned or any person aggrieved or any
recognised consumer association whether such person is a
member of that association or not take cognizance of that
offence without the accused being committed to it for
trial;
(f)
all offence under this Act shall be tried in a
summary way and the provisions of Sections 262 to 265
(both inclusive) of the Code shall as far as may be apply
to such trial:
Provided
that in the case of any conviction in a summary trial
under this section it shall be lawful for the Special
Court to pass a sentence of imprisonment for a term not
exceeding two years.
(2)
When trying an offence under this Act a Special Court may
also try an offence other than an offence under this Act
which the accused may under the Code be charged at the
same trial:
Provided
that such other offence is under any other law for the
time being in force triable in a summary way:
Provided
further that in the case of any conviction for such other
offence in such trial it shall not be lawful for the
Special Court to pass a sentence of imprisonment for a
term exceeding the term provided for conviction in a
summary trial under other law.
(3)
A Special Court may with a view to obtaining the evidence
of any person suspected to have been directly or
indirectly concerned in or privy to an offence under this
Act tender a pardon to such person on condition of his
knowledge relating to the offence and every other person
concerned whether as principal or purposes of Section 308
of the Code be deemed to have been tendered under Section
307 thereof.
(4)
Nothing contained in this section shall be deemed to
affect the special powers of the High Court regarding bail
under Section 439 of the Code and the High Court may
exercise such powers including the power under Clause (b)
of sub-section (1) of that section as if the reference to
“Magistrate” in that section included also a reference
to a “Special Court” constituted under Section 12-A.
12-AB. Appeal and revision. – The High Court may exercise so far
as may be applicable all the powers conferred by Chapters
XXIX and XXX of the Code on a High Court as if a special
Court within the local limits of the jurisdiction of the
High Court were a Court of Sessions trying cases within
the local limits of the jurisdiction of the High Court.
12-AC. Application of Code to proceedings before a Special Court. –
Save as otherwise provided in this Act the provisions of
the Code (including the provisions as to bail and bonds)
shall apply to the proceedings before a Special Court
shall be deemed to be a Court of Sessions and the person
conducting a prosecution before a Special Court shall be
deemed to be a Public Prosecutor.
12-B. Grant of injunction etc by civil Courts. – No civil court
shall grant an injunction or make any order for any other
relief against the Central Government or any State
Government or a Public Officer in respect of any act done
or purporting to be done by such Government or such
officer in his official capacity under this Act or any
order made thereunder until after the notice of the
application for such injunction or other relief has been
given to such Government or Officer.
13. Presumption as to orders. – Where an order purported to have
been made and signed by an authority in exercise of any
power conferred by or under this Act a court shall presume
that such order was so made by that authority in within
the meaning of the Indian Evidence Act (1 of 1872).
14.Burden of proof in certain cases. – Where a person is prosecuted
for contravening any order made under Section 3 which
prohibits him from doing any act or being in possession of
a thing without lawful authority or without a permit
licence or other document the burden of proving that he
has such authority permit licence or other documents shall
be on him.
15-A.
Protection of action taken under Act. – (1)
No suit prosecution or other legal proceeding shall be lie
against any person for anything which is in good faith
done or intended to be done in pursuance of any order made
under Section 3.
(2)
No suit or other legal proceeding shall be lie against the
Government for any damage caused or likely to be caused by
anything which is in good faith done or intended to be
done in pursuance of any order under Section 3.
15-A. Prosecution of public servants. – Where any person who is a
public servant is accused of any offence alleged to have
been committed by him while made under Section 3 no court
shall take cognizance of such offence except with the
previous sanction. –
(a)
of the Central Government in the case of a person who is
employed or as the case may be was at time of commission
of the alleged offence employed in connection with the
affairs of the Union;
(b)
of the State Government in the case of a person who
is employed or as the case may be was at the time of
commission of the alleged offence employed in connection
with the affairs of the State.
16.
Repeals and savings. – (1)
The following laws are hereby repealed:
(a)
the Essential Commodities Ordinance 1955 (1 of
1955) ;
(b)
any other law in force in any State immediately
before the commencement of this Act in so far as such law
controls or authorised the control of the production
supply and distribution of and trade and commerce in any
essential commodity.
(2)
Notwithstanding such repeal any order made or deemed to be
made by any authority whatsoever under any law repealed
thereby and in force may be made under this Act be deemed
to be made under this Act and continue in force and
accordingly any appointment made licence or permit granted
or direction issued under any such order and in force
immediately before such commencement shall continue in
force until and unless it is superseded by any appointment
made licence or permit granted or direction issued under
this Act.
(3)
The provisions of sub-section (2) shall be without
prejudice to the provisions contained in Section 6 of the
General Clauses Act 1897 (10 of 1897) which shall also
apply to the Ordinance or other law referred to in
sub-section (1) as if such Ordinance or other law had been
an enactment.
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